|
 Small Claims
 Alternatives
Plaintiff
Things to Consider Before
You File a Claim
How & Where to File a Claim
How Do I Serve my Claim?
Checklist
Defendant
I've Been Sued, What Do I Do Now?
Checklist
Plaintiff & Defendant
Getting Ready for your Day in Court
After
the Judge's Decision
Collection
Frequently Asked Questions
Small
Claims Fees
Resources & Referrals
Rules/Forms
Form
Tips
Self-Service
Center
Self-Service Home
Main
Court
Site
Case Info
Site
|
|
Self Service Home | Glossary |
Search |
Site Map | Feedback | Contact
Small Claims
Collection (of Money and/or Property
from the Judgment)
[Esta página está en español;
Trang này bằng tiếng Việt]
This
section tells you about your responsibilities and choices if:
-
You lose
the case
-
You win
the case
-
If you lose the case
If you lose at trial, and the judgment says you owe money or property to
the other party,
you are the “judgment debtor”.
This means you owe money or property to the person who won.
The other person is called the “judgment creditor.”
Since you lost, you have certain responsibilities and choices:
• Oppose an Earnings Withholding Order:
An “Earnings Withholding Order”
(WG-002)
tells your employer to send portion of your paycheck to the sheriff instead
of you. The standard portion withheld is 25% of your net (after-tax) pay. The sheriff will give the money to the person who won. The order
stays in effect until you pay the debt or the court says it’s over.
You can challenge an Earnings Withholding Order. You must file forms
called “Claim of Exemption” (WG-006)
and “Financial Statement” (WG-007/EJ-165).
You have to file these forms with the sheriff, not the court. The sheriff
will send a copy to the judgment creditor.
If the person who won opposes your claim, the sheriff will send the papers
to the court. The court will set a hearing date and figure out how much of
your paycheck should be withheld. You can challenge the withholding order
again if what you earn or what you have to spend changes. You’ll have to
file a new Claim of Exemption and Financial Statement with the sheriff.
Note: Some kinds of income can’t be taken to pay the judgment:
top of page
↑
- Oppose a levy on personal property:
The person who won can get an order that tells the sheriff to take
your personal
property, like the money in your bank account or your car, to
pay the judgment.
When the sheriff takes your property, you’ll get a “Notice of Levy”
(EJ - 150). You can challenge the levy. After you
get the notice of levy you have 10 days (or 15 days from the date it
was mailed) to file a form called “Claim of Exemption”
(WG-006).
 Say what property you don’t want them
to take and why the law protects
the property. The clerk or small claims advisor
can give you a pamphlet that explains what kinds of property the law
protects.
File your Claim of Exemption with the sheriff, not the Court. The
sheriff will send a copy to the person who won. If the person who won
doesn’t oppose your claim in time, you’ll get your property back.
If they oppose your claim, the sheriff will send the papers to the
Court. The Court will set a hearing to decide if the law protects the
property. If the judge rejects your claim, they’ll sell your property
to pay the judgment. If the judge grants your claim, you’ll get your
property back.
- Ask the court or the person who won to enter a satisfaction of
judgment:
The form called “Acknowledgment of Satisfaction of Judgment”
(SC - 130) is like a receipt that says you paid the judgment.
If you pay the court, the court will file this form. If you pay the
person who won, they have to fill out and file the form.
If the person who won doesn’t file the form in a reasonable amount of
time, you can ask the small claims clerk for help. File a local form
from Santa Clara County called “Request for Entry of Satisfaction of
Judgment by Judgment Debtor”. You can get this form at the Clerks'
Office. You have to prove to the clerk that you
paid, and that the person who won won’t file. If you have enough
proof, the court will enter a satisfaction of judgment. top of page
↑
-
Minimize
damage to your credit report:
Even if you file an appeal or motion to vacate, the judgment can
show up on your credit report. If this happens, get in touch with the
 credit agency and tell them you’re challenging the judgment.
If you don’t challenge the judgment, or you lose your motion or
appeal, the judgment will show up on your credit report.
If you pay, your credit won’t be as damaged as if you don’t pay. If
you paid, but the judgment still shows up on your credit report, mail
the credit agency a copy of the “Acknowledgment of Satisfaction of
Judgment”.
Note: The National
Foundation for Credit Counseling (NFCC) is a national non-profit
group that helps people deal with stressful money situations. The
Consumer Credit Counseling Service (CCCS) office in Santa Clara
County also has information about how to manage your money and debts.
You can get low-cost counseling online, by phone or in person.
-
 Remove
a lien from land or a house:
If the person who wins files an “Abstract of Judgment” (EJ-001),
in a county where you own land or a house, they can put a lien on that
property. This means that you might not be able to sell that land or
house until you remove the lien.
To remove a lien you have to pay the judgment and get an
“Acknowledgment of Satisfaction of Judgment” form
EJ - 100.
Then, record this form in the county where your land or house is. You
will have to pay a fee.
Note: The “Acknowledgment of Satisfaction of Judgment” on form
SC - 130
is probably not enough to remove the lien. The clerk can’t fill out
the form EJ - 100 because he or she doesn’t know where or when the
abstract was recorded.
If you paid, but the person who won won’t fill out form EJ - 100,
ask the court to make a special order. Then, record that order. You
will have to pay a fee.
- If you win the case
If you win at trial and
the judgment says the other person owes you money or property, you are the
“judgment creditor”. The person who lost is called the “judgment debtor.”
Since you won, you have certain responsibilities and choices: top of page
↑
- Collect the judgment yourself:
You have to take legal steps to collect the judgment. The Court
won’t collect it for you. You can get a collection agency to collect your
judgment, but you might have to pay them up to 1/2 of the judgment or
more.
[Regardless of whether you were the plaintiff or defendant at trial, if the judgment states
that the other party owes you money or possession of property, then you
are the “judgment
creditor” and the other party is the “judgment debtor.” As the judgment
creditor, you have the following duties and options:
- Get in touch with the judgment
debtor:
Start by getting in touch with the person who lost. Give them an address
where they can mail the payment. You can offer to accept less than the
whole judgment if they pay right away. Or, you can agree to take regular
payments.
Write to the person who lost instead of calling. That way, you can’t
argue. The person who owes you money can pay you or the court all at once,
or ask to make payments.
If they file a form called “Request to Pay Judgment in Installments” (SC
- 106) and you can’t agree on a payment plan, file a response
to say what kind of payment plan you want.
- Read legal guides, talk to a lawyer:
If the person who lost won’t pay, it can be complicated, expensive and
take a lot of time to collect your money.
You might want to talk to a lawyer or read a legal guide about how to
enforce judgments before you try anything else. If you don’t, you
could waste time and money or do something illegal. top of page
↑
- Get an Order to Produce a Statement of
Assets & Appear for Examination:
When the person who lost gets the Notice of Entry of Judgment (SC
- 130), they’ll also get a form called the "Judgment Debtor's
Statement of Assets" (SC
- 133). They’ll have to pay the judgment or fill out the statement and
mail it to you.
If the person who lost doesn’t do this, you can get the court to order
them to go back to small claims court. File a form called “Order to
Produce Statement of Assets and to Appear for Examination” (SC
- 134). You will have to pay a fee. The clerk will give you a hearing
date.
You must have a sheriff or registered process server
serve the Order on the judgment debtor. You should contact the Sheriff's
Department in the county where the debtor resides to find out if they will
serve the Order. You will have to pay the sheriff or process server to do this.
Click here for a link to the
Sheriff's Department in Santa Clara County.
The Order won’t be valid unless someone serves it in person at least 10
days before the hearing AND the person who lost lives within 150 miles of
the Court. If they live more than 150 miles away, then you'll have to file
the "Order to Produce Statement of Assets (SC
- 134) plus an Abstract of Judgment (EJ-001)
in the county where the other party lives.
The person who lost has to pay you or go to the hearing. If they haven’t
paid before the hearing then you have to go to the hearing. The judge will
make the person who lost fill out the statement of assets and answer your
questions about the property they have and how much money they make.
- Judgment debtor's examination:
Even if you get the other person’s statement of assets, you can get
the court to order them to go back to small claims court to answer
questions about the property they own and how much money they make.
File a form called “Application and Order for Appearance and Examination”
(AT - 138,
EJ
- 125). You’ll have to pay a filing fee. You can either hire a
registered process server to serve the order or contact the Sheriff's
Department in the county where the debtor resides to find out if they will
serve the order. You'll have to pay the sheriff or process server to do
this. Click here for a link to the
Sheriff's Department in Santa Clara County.
The order has to be served in person at least 10 days before the
examination and the person who lost has to live within 150 miles of the
Court. If they live more than 150 miles away, then you'll have to file the
"Order to Produce Statement of Assets (SC
- 134) plus an Abstract of Judgment (EJ-001)
in the county where the other party lives.
The person who lost has to go to the hearing. So do you. The judge will
make the person who lost answer your questions.
- Record an Abstract of Judgment:
An “Abstract of Judgment” (EJ-001)
puts a lien on any land, house or other building that the person who lost owns
in that county. If the person who lost sells the property with title
insurance, you’ll be paid using the money from the sale. You have to pay
to get an Abstract of Judgment from the court. You also have to pay to
record it in every county where the person might own land. top of page
↑
- Get an "Issued" Writ of Execution
A Writ of Execution is a form you fill out and take to the Small Claims
Clerk's Office and have "issued." It describes the details of the
judgment. There is a fee to have the writ issued. (For the fee, see "Writ
of Execution" in the
Small Claims section of the Court's fee page on the main website.)
You need to get a writ before you can use any of the 4 collection methods
listed in the next section.
- Collect payment
Note regarding Sheriffs Departments: All of the
collection methods listed below may involve
requesting the help of a Sheriff. The Sheriff's Departments' procedures
vary from one county to another. It is best to contact the Sheriffs
Department in the county where the writ will be filed to find out the
appropriate procedure for filing. Click here for a link to the
Sheriff's Department in Santa Clara County.
- Get an Earnings Withholding Order:
An “Earnings Withholding Order”
(WG-002)
tells the other person’s employer to give the sheriff a portion of what they
earn until the judgment is paid. The standard portion withheld is 25% of
the person's net (after-tax) pay. The sheriff will give you the money to
pay the judgment.
First you have to get an issued “Writ of Execution”
(EJ
- 130), as described above. Then, file an “Application for
Earnings Withholding Order”
(WG-002)
with the sheriff or a process server and pay another fee.
You’ll need to know the name and address of the employer of the person who
lost. The sheriff or process server will serve them with the application.
The employer will make sure the person who lost works there. Then, they’ll
get the chance to oppose your application. The court can set a hearing to
decide how much should be withheld to pay the judgment.
See note regarding Sheriff Departments, above.
- Levy the judgment debtor's property:
You can tell the sheriff to take money from the bank account of the
person who lost, and give it to you. Or, you can get the sheriff to take
that person’s car or other property, sell it, and give you the money.
You’ll have to get a “Writ of Execution” (EJ
- 130), as described above. Fill out a “Notice of Levy” (EJ
- 150) and write instructions that describe the property and say where
it is, and the name and address of the people who should get the Notice of
Levy. You might have to have a judgment debtor's examination to get this
information. Give the Notice of Levy and instructions to the sheriff.
You’ll have to pay a fee to the sheriff.
The person who lost will get a chance to challenge the levy before the
sheriff sells their property. You might have a hearing about this.
See note regarding Sheriff Departments, above.
-
 Have
the sheriff do a "till tap":
If the person who lost has a business with a cash register, you can
get the sheriff to go to the business and take enough money out of the
register to pay the judgment and the sheriff's fee.
You have to get a “Writ of Execution” (EJ
- 130), as described above. Then, fill out a “Notice of Levy”
(EJ
- 150) and write instructions, including the name and address of the
business and when to do the “till tap.” You’ll have to pay a fee to the
Sheriff.
If there’s not enough money in the register to pay the judgment, you will
have to pay another fee every time the sheriff goes back.
See note regarding Sheriff Departments,
above.
- Put a "keeper" in the debtor's business:
If the debtor is a business, you can get the sheriff to put someone
(called a “keeper”) in the business for a certain amount of time. They’ll
collect all the cash, checks and bank credit card drafts until the time is
up or the judgment is paid.
Get a “Writ of Execution” (EJ
- 130), as described above. Then fill out a “Notice of
Levy” (EJ
- 150) and write instructions, including the name and address of the
business and the date and hours you want the “keeper” to stay in the
business. You’ll have to pay the sheriff a set fee. You have to pay
another fee every time the keeper goes back.
See note regarding Sheriff Departments, above.
top of page
↑
- File a Memorandum of Costs After Judgment:
If you have to use legal proceedings
to collect your money, you’ll have to pay a lot of fees. You can add most
of these extra costs and interest to your original judgment. You can claim
the interest from the date of the judge’s decision until the Writ of
Execution is filed plus your extra costs.
Fill out and file a “Memorandum of Costs After Judgment” (MC - 012) with the small claims court.
Get someone to serve a copy of the memorandum on the person who lost. Then
have the person complete the proof of service document on the back of the
form and give it to the court. The person who lost will have 10 days to
file a motion to dispute some or all of the costs. If the person who lost
doesn’t file a motion in time, the clerk will add the costs to the
judgment.
If they file a motion, you’ll get a notice
of hearing about the motion. The court will decide if you should get paid
for the costs you claimed.
- Suspend the debtor's driver's license:
If your judgment is from a car accident on a California highway and
the person who lost caused the accident by driving, you can ask to get
their driver's license suspended. If you’re not sure if you can do this,
look at item 10 on your Notice of Entry of Judgment SC
- 130.
To suspend their driver's license, fill out form DL17 from DMV. If the
judgment is for $500 or less, they’ll suspend the driver's license for 90
days. If the judgment is for more than $500, the driver's license will be
suspended until they pay.
To get more information, call DMV’s Civil Judgment Unit at:
(916) 657 - 7573
- Do not use illegal ways to collect your money:
The person who owes you money is protected from abusive or unfair
ways to collect the debt.
Collection agencies and people who collect their own debts can’t:
- Lie or make misleading statements to collect a debt,
- Harass the person who owes them money,
- Ask for more than basic information about where the debtor is from
another person,
- Tell the debtor's employer or other people that the debtor owes them
money (except when you get an earnings withholding order), or
- Get in touch with the debtor before 8:00 a.m. or after 9:00 p.m. or at
any time or place that isn’t convenient.
If you have questions about what you can do to collect a debt,
call your small claims advisor, or talk to a lawyer. top of page
↑
- Renew the judgment:
Usually, you have 10 years to enforce your judgment. But, if you
can’t collect the whole judgment in that time, you can get 10 more years
to collect the debt.
File a form called “Application For and Renewal of Judgment” (EJ
- 190). You’ll have to pay a fee. You have to file before the first 10
years are up.
You can’t enforce the renewed judgment until you serve the person who owes
you money with a form called “Notice of Renewal of Judgment” (EJ
- 195). They have 30 days from the day they’re served to file a motion
to vacate or modify the renewal.
- File an acknowledgment of satisfaction:
After you have been paid in full, you must file an “Acknowledgment
of Satisfaction of Judgment.” If you didn’t record an Abstract of
Judgment, just fill out and file the form on the back of the Notice of
Entry of Judgment (SC
- 130).
If you did file an Abstract, you have to file the form called
“Acknowledgment of Satisfaction of Judgment” (EJ
- 100). You’ll have to name every county where you recorded the
Abstract of Judgment and sign the form in front of a notary public.
Note: If you don’t file the acknowledgment, and person who lost
tells the court, you will be fined at least $50 plus any damages
caused to the debtor.
|
|
